Environmental Protection Agency Act 1992

F116[Provisions supplemental to, and consequential on, section 83.

84

84.—(1) Where a licence or revised licence is required under this Part in respect of an activity, a licence under—

(a) Part III of the Air Pollution Act 1987,

(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F117[…]

(c) section 171 of F118[the Fisheries (Consolidation) Act 1959, or]

F119[(d) section 63 or 81 of the Water Services Act 2007,]

shall not be granted in relation to such activity.

(2) Where a licence or revised licence has been granted under this Part in respect of an activity, a licence under—

(a) Part III of the Air Pollution Act 1987,

(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F120[…]

(c) section 171 of F121[the Fisheries (Consolidation) Act 1959, or]

F122[(d) section 63 or 81 of the Water Services Act 2007,]

shall cease to have effect in relation to such activity.

(3) It shall be a good defence—

(a) to a prosecution for an offence under any enactment other than this Part, or

(b) to proceedings under—

(i) section 10 or 11 of the Local Government (Water Pollution) Act 1977,

(ii) section 20 of the Local Government (Water Pollution) (Amendment) Act 1990,

(iii) section 28, 28A or 28B of the Air Pollution Act 1987,

(iv) section 57 or 58 of the Act of 1996, or

(v) section 99H,

to prove that the act complained of is authorised by a licence or revised licence granted under this Part.

(4) For the purpose of this Part, a person shall be regarded as a fit and proper person if—

(a) neither that person nor any other relevant person has been convicted of an offence under this Act, the Act of 1996, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 prescribed for the purposes of this subsection,

(b) in the opinion of the Agency, that person or, as appropriate, any person or persons employed by him to direct or control the carrying on of the activity to which the licence or revised licence relates or will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the licence or revised licence and the other requirements of this Act, and

(c) in the opinion of the Agency, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency reasonably considers have been, or will be entered into or incurred by him in carrying on the activity to which the licence or revised licence relates or will relate, as the case may be, in accordance with the terms thereof or in consequence of ceasing to carry on that activity.

(5) The Agency may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person is not a person to whom subsection (4)(a) applies.

(6) The references in subsections (4) and (5) to a relevant person are references to a person whom the Agency determines to be relevant for the purposes of considering the application or review concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.]

Annotations

Amendments:

F116

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

F117

Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(l), S.I. No. 846 of 2007.

F118

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(l), S.I. No. 846 of 2007.

F119

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(ll), S.I. No. 846 of 2007.

F120

Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(l), S.I. No. 846 of 2007.

F121

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(l), S.I. No. 846 of 2007.

F122

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(ll), S.I. No. 846 of 2007.

Modifications (not altering text):

C31

Application of section restricted (11.03.1998) by European Communities (Licensing of Incinerators of Hazardous Waste) Regulations 1998 (S.I. No. 64 of 1998), reg. 5.

Conditions necessary to give effect to certain provisions of the Council Directive

5. Notwithstanding sections 83(1) and 84 of the Act of 1992, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which these Regulations apply such conditions as are, in the opinion of the Agency, necessary to give effect to articles 3 to 12 of the Council Directive.

Editorial Notes:

E275

Previous affecting provision: power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).

E276

Previous affecting provision: application of section restricted (3.07.2003) by European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003), reg. 5; revoked (2.05.2013) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(b).